February 14th, 2013

Missouri Democrats Introduce Legislation To Confiscate Firearms – Gun Owners Get 90 Days To Turn In Weapons


gun shelves

Here is the full text of Missouri House Bill No. 545…

AN ACT

To amend chapter 571, RSMo, by adding thereto one new section relating to the manufacture, import, possession, purchase, sale, or transfer of any assault weapon or large capacity magazine, with a penalty provision.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 571, RSMo, is amended by adding thereto one new section, to be known as section 571.023, to read as follows:

571.023. 1. As used in this section the following terms shall mean:

(1) “Assault weapon”, any:

(a) Semi-automatic rifle that has the capacity to accept a detachable magazine and has one or more of the following:

a. A pistol grip or thumbhole stock;

b. Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;

c. A folding or telescoping stock; or

d. A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel;

(b) Semi-automatic pistol, or any semi-automatic, centerfire or rimfire rifle with a fixed magazine, that has the capacity to accept more than ten rounds of ammunition;

(c) Semi-automatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:

a. Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;

b. A folding, telescoping or thumbhole stock;

c. A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel; or

d. The capacity to accept a detachable magazine at any location outside of the pistol grip;

(d) Semi-automatic shotgun that has one or more of the following:

a. A pistol grip or thumbhole stock;

b. Any feature capable of functioning as a protruding grip that can be held by the nontrigger hand;

c. A folding or telescoping stock;

d. A fixed magazine capacity in excess of five rounds; or

e. An ability to accept a detachable magazine;

(e) Shotgun with a revolving cylinder; or

(f) Conversion kit, part, or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person.

Assault weapon does not include any firearm that has been made permanently inoperable;

(2) “Detachable magazine”, an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted into a firearm and includes a magazine that can be detached by merely depressing a button on the firearm either with a finger or by use of a tool or bullet;

(3) “Fixed magazine”, an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action;

(4) “Large capacity magazine”, any ammunition feeding device with the capacity to accept more than ten rounds, but shall not be construed to include any of the following:

(a) A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds;

(b) A twenty-two caliber tube ammunition feeding device; or

(c) A tubular magazine that is contained in a lever-action firearm.

2. No person, corporation or other entity in the state of Missouri may manufacture, import, possess, purchase, sell, or transfer any assault weapon or large capacity magazine.

3. This prohibition shall not apply to:

(1) Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to acquire or possess an assault weapon or large capacity magazine, and does so while acting within the scope of his or her duties;

(2) The manufacture of an assault weapon or large capacity ammunition feeding device by a firearms manufacturer for the purpose of sale to any branch of the armed forces of the United States, or to a law enforcement agency in the state of Missouri for use by that agency or its employees, provided the manufacturer is properly licensed under federal and state laws; or

(3) The sale or transfer of an assault weapon or large capacity ammunition feeding device by a dealer that is properly licensed under federal, state, and local laws to any branch of the armed forces of the United States, or to a law enforcement agency in the state of Missouri for use by that agency or its employees for law enforcement purposes.

4. Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall have ninety days from such effective date to do any of the following without being subject to prosecution:

(1) Remove the assault weapon or large capacity magazine from the state of Missouri;

(2) Render the assault weapon permanently inoperable; or

(3) Surrender the assault weapon or large capacity magazine to the appropriate law enforcement agency for destruction, subject to specific agency regulations.

5. Unlawful manufacture, import, possession, purchase, sale, or transfer of an assault weapon or a large capacity magazine is a class C felony.

Source:

http://www.house.mo.gov/billtracking/bills131/biltxt/intro/HB0545I.HTM




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11 Responses to “Missouri Democrats Introduce Legislation To Confiscate Firearms – Gun Owners Get 90 Days To Turn In Weapons”

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  1. 1
    Cal Says:

    Remember those “Missouri Democrats” took a LAWFULLY REQUIRED and legqally binding oath. When they broke that oath to SUPPORT AND DEFEND THE US CONSTITUTION they made themselves no longer meet the lawful requirements of the position they are occupying. Plus breaking that oath is both a criminla and civil offense for which they can, and should be, prosecuted (found below). According to the Missouri Constitution they are going against their state, their oaths of office (found below). Remove those who created this abomination from office and replace them with those who will KEEP their lawfully required and legally binding Oath of Office!

    Federal law regulating oath of office by government officials is divided into four parts along with an executive order that further defines the law for purposes of enforcement.

    5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office.

    5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law,

    5 U.S.C. 7311 which explicitly makes it a federal criminal offense for anyone employed in the United States Government to “advocate the overthrow of our constitutional form of government”.

    18 U.S.C. 1918 provides penalties for violation of oath of office described in 5 U.S.C. 7311 which include: (1) REMOVAL FROM OFFICE and; (2) confinement or a fine.

    The definition of “advocate” is further specified in Executive Order 10450 which for the purposes of enforcement supplements 5 U.S.C. 7311.

    Executive Order 10450 provision specifies it is a violation of 5 U.S.C. 7311 for any person taking the oath of office to advocate “the alteration … of the form of the government of the United States by unconstitutional means.”

    Our form of government is defined by the Constitution of the United States. According to Executive Order 10450 (and 5 U.S. 7311) any act taken by government officials who have taken the oath of office prescribed by 5 U.S.C. 3331 which alters the form of government other then by amendment, is a criminal violation of the 5 U.S.C. 7311.

    Multiple precedent cases abide where individuals have been held accountable and prosecuted for not taking the Oath, not keeping the Oath, and decisions that an oath taker made to follow or enforce an unlawful order.

    Article VI, Clause 2 of the US Constitution: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

    The Constitution of the United States of America IS the Supreme Law of this land, NOT those who serve within the federal government.

    The first law statute of the United States of America, enacted in the first session of the First Congress on 1 June 1789, was Statute 1, Chapter 1: an act to regulate the time and manner of administering certain oaths, which established the oath required by civil and military officials to support the Constitution.

    The wording of the Presidential Oath was established in the Constitution in Article II, Section 1, Clause 8.

    ‘Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”’

    The Framers placed the presidential Oath of Office after the beginning clauses setting forth the organization of the executive department, and before the ending clauses that specify the contours of the President’s assigned power. The President takes the oath after he assumes the office but before he executes it. The location and phrasing of the Oath of Office Clause strongly suggest that it is not empowering, but that it is limiting – the clause limits how the President’s “executive power” is to be exercised.

    The requirement for all Federal and State Civil officers to give their solemn and binding Oath is established in Article VI, Section 1, Clause 4.

    They are bound by their Oath to support the US Constitution, and should they abrogate their Oath by their acts or inaction, are subject to charges of impeachment and censure – political remedy for a political offense; civil and criminal charges.

    “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”

    Once given, the Oath is binding for life, unless renounced, refused, and abjured. It does not cease upon the occasions of leaving office or of discharge.

    Solemn: “Legally binding, Common legal phrase indicating that an agreement has been consciously made, and certain actions are now either required or prohibited. The other requirement for an agreement or contract to be considered legally binding is consideration – both parties must knowingly understand what they are agreeing to”
    .
    Bound: “Being under legal or moral obligation; to constitute the boundary or limit of; to set a limit to; confine”

    Legally Binding: Common legal phrase. Lawful action, such as an agreement consciously agreed to by two or more entities, establishing lawful accountability. An illegal action, such as forcing, tricking, or coercing a person into an agreement, is not legally binding. Both parties knowingly understand what they are agreeing to is the other requirement to legally establish an agreement or contract.

    Consideration: “Consideration in a contract is a bargained for exchange of acts or forbearance of an act.”

    Require, Requirement, Required: Mandated under a law or by an authoritative entity. “To claim or ask for by right and authority; That which is required; a thing demanded or obligatory; something demanded or imposed as an obligation.”

    Contract: “An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.”

    The Framers placed the requirement for “Oaths of Office” in the Constitution. These Oaths are to function as “checks” on the powers of the federal government and protect us from usurpations.
    Each Branch of the federal government has “the check of the Oath” on the other two branches. The States, whose officials also take the Oath of Office, have the same check on all three branches of the federal government. And “We the People”, the “original fountain of all legitimate authority” (Federalist 22), have the Right to overrule violations of the Constitution by elected and appointed officials.

    Webster’s 1828 Dictionary says for “Constitution”: “…In free states, the constitution is paramount to the statutes or laws enacted by the legislature, limiting and controlling its power; and in the United States, the legislature is created, and its powers designated, by the constitution.”
    If any Branch fails to obey the “supreme Law”, then, in order to preserve the Rule of Law, the other Branches, or failing that, the States or the people, must overrule them”.

    MISSOURI CONSTITUTION
    Article III, LEGISLATIVE DEPARTMENT, Section 15: Oath of office of members of assembly–administration–effect of refusal to take oath and conviction of violation.

    Section 15. Every senator or representative elect, before entering upon the duties of his office, shall take and subscribe the following oath or affirmation: “I do solemnly swear, or affirm, that I will support the Constitution of the United States and of the state of Missouri, and faithfully perform the duties of my office, and that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law.” The oath shall be administered in the halls of the respective houses to the members thereof, by a judge of the supreme court or a circuit court, or after the organization by the presiding officer of either house, and shall be filed in the office of the secretary of state. Any senator or representative refusing to take said oath or affirmation shall be deemed to have vacated his office, and any member convicted of having violated his oath or affirmation shall be deemed guilty of perjury, and be forever disqualified from holding any office of trust or profit in this state.

    Article I, BILL OF RIGHTS, Section 23 Right to keep and bear arms–exception. Section 23. That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.

    Promotion of general welfare–natural rights of persons–equality under the law–purpose of government. Section 2. That all constitutional government is intended to promote the general welfare of the people; that all persons have a natural right to life, liberty, the pursuit of happiness and the enjoyment of the gains of their own industry; that all persons are created equal and are entitled to equal rights and opportunity under the law; that to give security to these things is the principal office of government, and that when government does not confer this security, it fails in its chief design.

    Powers of the people over internal affairs, constitution and form of government. Section 3. That the people of this state have the inherent, sole and exclusive right to regulate the internal government and police thereof, and to alter and abolish their constitution and form of government whenever they may deem it necessary to their safety and happiness, provided such change be not repugnant to the Constitution of the United States.

    Due process of law. Section 10. That no person shall be deprived of life, liberty or property without due process of law.

    Habeas corpus. Section 12. That the privilege of the writ of habeas corpus shall never be suspended.

    Unreasonable search and seizure prohibited–contents and basis of warrants. Section 15. That the people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, shall issue without describing the place to be searched, or the person or thing to be seized, as nearly as may be; nor without probable cause, supported by written oath or affirmation.

    Article I, BILL OF RIGHTS, Section 30:Treason–attainder–corruption of blood and forfeitures–estate of suicides–death by casualty.

    Section 30. That treason against the state can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; that no person can be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on his confession in open court; that no person can be attainted of treason or felony by the general assembly; that no conviction can work corruption of blood or forfeiture of estate; that the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death; and when any person shall be killed by casualty, there shall be no forfeiture by reason thereof.

  2. 2
    csaaphill Says:

    better get organised now guys for when the shooting starts you don’t want to be alone.

  3. 3
    Churchill Says:

    And after, should I then surrender my Bow and Arrows at a later date??? Perhaps one should empty their clip by surrendering their lead first. The enemy is intentionally forcing the hands of those who actually feed them and allowing no measurable room for maneuverability. Indeed, the twisted minds of those with forked tongues, as they will attempt to dis-arm, relocate, imprison or perhaps kill those who are un-willing to surrender what’s left of their freedoms. As for the U.S. Constitution, it was drafted/written by Godly, honest, humble, brave and intelligent men who intended the Constitution to be used by those of the same qualities, characteristics and convictions. They gave us ample warnings of preferrably what not allow.

  4. 4
    csaaphill Says:

    For those that wont enforce fed laws what about state laws hope the same sheriffs and such will still follow the example and not enforce state laws as well.
    Fight this crap people
    Molon Labe.

  5. 5
    Patrick C. Says:

    Maggot fart in a hurricane. No surprise that the democrats introduced it. No surprise that it’s dead on arrival in Missouri, one of the old-fashionedest old-fashioned states I’ve ever seen. As for the language in the bill – alarming, yes; consequential, no.

  6. 6
    csaaphill Says:

    When it passes that maggot fart just became a sonic boom. People ya fight this and fight it hard, but please pease don’t be disilusioned to the idea that Politics as usual is on the docket.
    People be warned were the minority now Lots of states have super Majority’s now. Don’t for one moment be fooled into thinking that these people wrote this in fear of losing thier job. If they feared in losing thier job they would have wrote it differently.

  7. 7
    Gary Says:

    “Knowing this, that the law is not made for a righteous man, but for the lawless and disobedient…,”

    That in itself says everything. There are private violations of the law which cannot be known because they are private. It is one of the arguments used by those who refuse to exercise self-control, or Godly restraint, as in the “Privacy of the bedroom,” “Stay out of our bedrooms” crowd. Indeed, what a person does privately is known only to him and to God and the civil magistrate has no jurisdiction. However, when private acts break out into overt public acts that intrude upon peace and good order, they are no longer private and subject to regulation.
    Today, with gun ownership, or any ownership of weapons, there is only the anticipation that an unlawful act may occur. There need not exist any indication an unlawful purpose is intended, as this legislation makes clear. This is not sufficient cause to deprive the citizen of a means of defense often less than that which may be used against him. You cannot justly deny a citizen’s Constitutionally guaranteed rights merely on the pretext that bad things may happen. Indeed, should bad things happen, you punish the offender, those which are lawless and disobedient.
    The 2nd Amendment was written to ensure that government not be able to exert its power and force to suppress the people in an unrighteous and unjust manner. Such acts are called tyranny. In a democracy, there is no traditional authority. No one is above or superior to any other person. Yet, it is acknowledged in our Founding documents that there is a “Supernal “ ordination contingent to be acknowledged, granting success of our nation. Once that understanding is lost, we shall become corrupted as all other nations having gone before us.
    There shall always be evil men in the world. But evil proceeds from the heart. It requires neither gun or knife , stick or stone to cause it to be evil, it just is, and may avail itself of any of the aforementioned to accomplish its purpose.
    That is why Ron Paul erred in his remarks against Chris Kyle, “He who lives by the sword, dies by the sword…” Possessing a sword and “Living” by the sword are two different things and Paul’s remarks were misplaced. It is the same with this intended legislation, you do not deprive your citizens of their defenses against a legitimate enemy regardless the source of the threat, should it be domestic or foreign, and the citizen has always been recognized the last line of defense, both of hearth and home, and nation.

  8. 8
    Jane Lauhon Says:

    The State of Missouri has a 2nd Amendment provision written into their State Constitution:

    Missouri Constitution, art. I, § 23: That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.

  9. 9
    Jeff Smathers Says:

    I would like to see one of our brothers in arms who have the financial capacity to set up a temporary ‘holding armory’ to recieve those arms ‘in trust’ from those who do not feel they want to stand against the state or federal tyranny but would rather others keep their arms until they can at a later time have them returned to them. A small monthly or yearly maintenace fee to hold in safe storage would be allowed and proper.

    And if in a time of justifed actions, later … to be used in action by those trained and willing to fight to maintain our liberties as a last resort.

  10. 10
    Lee Says:

    http://www.youtube.com/watch?v=eE7_–09v8c

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